scholarly journals The Misinformed Versus the Misunderstood

2019 ◽  
Vol 9 (1) ◽  
Author(s):  
Isaac Heo
Keyword(s):  
Criminal Justice ◽  
Youth Crime ◽  
Indigenous Youth ◽  
Aboriginal Youth ◽  
Youth Criminal Justice Act ◽  
Youth Incarceration

The Youth Criminal Justice Act (YCJA) came into effect in 2003 as a response to the overincarceration of youth that occurred under its predecessor, the Young Offender’s Act (YOA). Parliament’s intention was clear in repealing and replacing the YOA in favour of the more restorative YCJA: no longer would custody be considered an appropriate response to youth crime. More than a decade has passed since the introduction of the YCJA, and statistics reveal that it has had incredible success in reducing the rate of overall youth incarceration. What remains problematic, however, is the persistent and prevailing issue of the overincarceration of Indigenous youth. The purpose of this article is to unpack the complexity of this issue, identify its causes, and to ultimately propose different strategies to help reduce a custodial response to Indigenous youth crime. In achieving this goal, the article will begin with an overview of the YCJA and an exploration of its restorative provisions to argue that the legislation itself is not at fault. The article will then provide current statistics on the overincarceration of Indigenous youth, and subsequently, examine some of the most popular explanations as to why the issue continues to persist. Finally, and perhaps most importantly, the article will conclude by proposing several strategies – such as the implementation of more Aboriginal Youth Courts – to better address the overincarceration of Indigenous youth moving forward.

scholarly journals Aboriginal Youth Overrepresentation in Canadian Correctional Services: Judicial and Non-Judicial Actors and Influence

2015 ◽  
Author(s):  
Nate Jackson
Keyword(s):  
Criminal Justice ◽  
Relative Proportion ◽  
Probation Officers ◽  
Judicial Discretion ◽  
Youth Offenders ◽  
Aboriginal Youth ◽  
Incarceration Rate ◽  
Correctional Services ◽  
Justice Process ◽  
Youth Incarceration

The crisis of Aboriginal over-incarceration in Canada is one of the most well-documented features of our Criminal Justice System. This crisis is especially profound in the youth context. While the Youth Criminal Justice Act (YCJA) has reduced Canada’s overall youth incarceration rate in recent years, the relative proportion of detained Aboriginal youth has actually increased. This article explores Aboriginal youth overrepresentation in correctional services under the YCJA in an attempt to discern why it has been less effective at reducing custody rates for Aboriginal youth compared to their non-Aboriginal peers. This article suggests that the YCJA has failed to remedy Aboriginal youth overrepresentation because it has focused too heavily on sentencing principles and judicial discretion. It is argued that more attention must be paid to the earlier stages of the criminal justice process during which Police, Crown Attorneys, and Probation Officers exercise low-visibility discretion in ways that disproportionately circumscribe the eventual range of sentencing options available to Aboriginal youth offenders.

Suicide Ideation and Attempt in a Community Cohort of Urban Aboriginal Youth: A Cross-Sectional Study

Crisis ◽  
2013 ◽  
Vol 34 (4) ◽  
pp. 251-261 ◽  
Author(s):  
Joanne N. Luke ◽  
Ian P. Anderson ◽  
Graham J. Gee ◽  
Reg Thorpe ◽  
Kevin G. Rowley ◽  
...  
Keyword(s):  
Health Service ◽  
Indigenous People ◽  
Suicide Ideation ◽  
Aboriginal Health ◽  
Cross Sectional ◽  
Data Set ◽  
Indigenous Youth ◽  
Aboriginal Youth ◽  
Social Distress ◽  
Suicide Behavior

Background: There has been increasing attention over the last decade on the issue of indigenous youth suicide. A number of studies have documented the high prevalence of suicide behavior and mortality in Australia and internationally. However, no studies have focused on documenting the correlates of suicide behavior for indigenous youth in Australia. Aims: To examine the prevalence of suicide ideation and attempt and the associated factors for a community 1 The term ”community” refers specifically to Koori people affiliated with the Victorian Aboriginal Health Service. cohort of Koori 2 The term ”Koori” refers to indigenous people from the south-eastern region of Australia, including Melbourne. The term ”Aboriginal” has been used when referring to indigenous people from Australia. The term ”indigenous” has been used throughout this article when referring to the first people of a nation within an international context. (Aboriginal) youth. Method: Data were obtained from the Victorian Aboriginal Health Service (VAHS) Young People’s Project (YPP), a community initiated cross-sectional data set. In 1997/1998, self-reported data were collected for 172 Koori youth aged 12–26 years living in Melbourne, Australia. The data were analyzed to assess the prevalence of current suicide ideation and lifetime suicide attempt. Principal components analysis (PCA) was used to identify closely associated social, emotional, behavioral, and cultural variables at baseline and Cox regression modeling was then used to identify associations between PCA components and suicide ideation and attempt. Results: Ideation and attempt were reported at 23.3% and 24.4%, respectively. PCA yielded five components: (1) emotional distress, (2) social distress A, (3) social distress B, (4) cultural connection, (5) behavioral. All were positively and independently associated with suicide ideation and attempt, while cultural connection showed a negative association. Conclusions: Suicide ideation and attempt were common in this cross-section of indigenous youth with an unfavorable profile for the emotional, social, cultural, and behavioral factors.

“Do you understand these charges?”: How procedural communication in youth criminal justice court violates the rights of young offenders in Canada

Semiotica ◽  
2019 ◽  
Vol 2019 (229) ◽  
pp. 173-191
Author(s):  
Tara Suri
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Oral Language ◽  
Justice System ◽  
Young Offenders ◽  
Legal Professionals ◽  
Youth Criminal Justice Act ◽  
Government Of Canada ◽  
The Right ◽  
Criminal Courtroom

AbstractThis paper considers Canada’s young offenders in the context from which they enter the youth criminal courtroom. To determine how youth criminal justice courts violate the Canadian Youth Criminal Justice Act (YCJA), this analysis relates said context to several phenomena, including legal linguistics, oral language competency, literacy, communicative competency, non-verbal communication, the physical structure of youth courtrooms, and legal translation (Government of Canada eds. 2018. Youth criminal justice act. Ottawa: Government of Canada.). As a result of the standards of procedural communication upheld by the Canadian criminal justice system, young people’s rights, including the right to be respected regardless of cultural, ethnic, or linguistic differences, the right to be heard and to participate in proceedings, the right to be sentenced meaningfully, the right to privacy, and the right to be tried in a timely manner are abused in the youth criminal courtroom. Although insufficient structures of procedural communication cause these issues and are beyond the control of counsel, defense counsel are often blamed for their effects. Legal professionals must make important adjustments such as altering the formal speech required in youth criminal courtrooms, employing legal professionals with the role of translating legal jargon to young people in the courtroom, and closing youth courtrooms off from the public to reduce the YCJA violations occurring in youth criminal justice court. These adjustments are ultimately the responsibility of the Canadian criminal justice system.

Aboriginal Youth and the Criminal Justice System

1990 ◽  
Author(s):  
Fay Gale ◽  
Rebecca Bailey-Harris ◽  
Joy Wundersitz
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Aboriginal Youth

Aboriginal juveniles and the criminal justice system: The case of Victoria

1996 ◽  
Vol 21 (3) ◽  
pp. 11-22
Author(s):  
Michael Mackay
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Aboriginal People ◽  
Aboriginal Youth ◽  
Level Of Involvement ◽  
Police Data ◽  
The Difference ◽  
High Level

In the light of continuing concern about the high level of involvement of Aboriginal people in the criminal justice system, this article examines the 1993/94 police data for Victoria. The focus is on juvenile ‘alleged offenders processed’. The data shows contact commencing early and a continuing high level of contact with the system, especially for young Aboriginal males. Although there has been a reduction in the over-representation ratio of Aboriginal juveniles in juvenile corrective institutions, the difference in rates at all points in the system compared to non-Aboriginal youth is substantial.Longer-term consequences including the likelihood of adult incarceration are serious and the need for more research and action is clearly signalled.

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